I HEREBY CERTIFY THAT THIS CORRESPONDENCE IS BEING
`DEPOSITED WITH THE UNITED STATES POSTAL SERVICE AS
`FIRST CLASS MAIL IN AN ENVELOPE ADDRESSED TO THE
`COMMISSIONER FOR TRADEMARKS,~290O CRYSTAL DRIVE,
`ARL
`TON, VA 22203-3512 ON THE DATE INDICATED BELOW
`
`BY:
`
`DATE:
`
`{ O ‘ Z/ T
`
`Z.
`
`T
`
`:
`
`777%
`
`BOX TTAB ~ NO FEE
`
`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`BEFORE THE TRADEMARK TRIAL AND APPEAL BOARD
`
`:
`MICHAEL GLOSTER and VICTORIA
`GLOSTER t/a GLOSTER MARKETING :
`
`Opposeij,
`
`V’
`
`RELIOS, INC.
`2
`(formerly Carlisle Jewelry Company, Inc.),
`
`Applicant;
`
`:
`
`§
`
`:
`:
`
`Opp°S“i°“N°'113’487'
`
`(13
`
`:3-4
`‘*3
`
`;p
`':
`
`*1
`
`'1‘ r... I
`umuuumulfi\mu1|u|t\h’i|\u|\\||l
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`10'23'2°02
`us. Patent & momm Mail asp: D1. #22
`
`MOTION TO SUSPEND PURSUANT TO 37 CFR 2.177(a)
`
`Opposer, by its undersigned counsel, pursuant to Rule 2.1 17(a), moves to suspend this
`
`proceeding based on the pendency of Civil. Action No. O2-CV-7140 filed September 4, 2002 in
`
`the U.S. District Court for the Eastern District of Pennsylvania.
`
`The action involves the same parties and the same subject matter, and it is accordingly
`believed that the action may have a bearing on this proceeding. A copy of the Complaint as filed
`alleging infringement ofthe
`by "use ofthe mark is attached.
`
`The lawsuit which:Gloster has filed in Federal Court concerns Gloster’s copyright
`
`in its sculptural designs, which Relios stole, Gloster’s copyright in its informational materials,
`which Relios copied, as well as Gloster’s trademarks “Loving Family” and “Togetherness” which
`
`Relios is wrongfully seeking to appropriate. Gloster is seeking injunctive relief and damages as a
`
`result of Relios’ infringement on and theft of its intellectual property. None of this relief is
`
`

`
`
`
`available in the pending proceeding before the Board, nor are any of the copyright issues before
`
`the Board. Gloster did not file the Federal lawsuit for any improper purpose, but for the very
`
`legitimate purpose of having all of the issues between the parties resolved in one forum.
`
`‘
`
`l
`i
`
`Gloster is seeking to suspend this proceeding to avoid having to litigate in two separate
`.
`
`forums. The District Court is the more logical forum now because copyright issues must also be
`decided and because Gloster is seeking an injunction and damages as a result of Relios’
`
`infringement. Were this action to proceed, and the Board to reject Relios’ marks, Relios would
`
`be entitled to seek a new trial
`
`the District Court. 15 U.S.C. §170l(b).
`
`Gloster thus respectfully requests that the Board suspend these proceedings
`
`pursuant to 37 CPR. § 2.117. -Such a suspension will benefit both parties by allowing all issues
`
`between the parties to be resolved in one forum, saving both parties time and money.
`
`Dated: October 21, 2002
`
`1
`
`Respectfu y subm: ed,
`
`/,_
`
`AN, P.C.
`230 S. Broad Street, 18"‘ Floor
`Philadelphia, PA 19102
`(215) 985-0255
`Attorney for Opposer
`
`_
`
` STEIN & SILVE
`
`

`
`
`
`CERTIFICATE OF SERVICE
`
`I, Claudia Givens, Legal Assistant, hereby certify that I served upon the following
`
`individual a true and correct copy of the following document: Opposer’s Motion To Suspend
`
`Pursuant To 37 CFR 2.177(a) on October 21, 2002 via U.S. mail postage prepaid upon the
`
`I D
`
`wayne K. Goetzel, Esq.
`CONLEY, ROSE & TAYON
`
`700 Lavaca, Suite 800
`
`Austin, TX 78701-3102
`Patent Counsel for Relios
`
`CLAUDIA GIVEN
`
`following individual:
`
`1
`
`

`
`EXHIBIT
`
`

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`1(a) PLAINTIFFS
`Michael Gloster and Victofiia G1osAte.2r
`t/b/a/ Gloster Marketing
`414 Minden Way
`_Wynnewood, PA 19096
`
`(b) ooumv or nesioence OF FIRST usreo Pl.NN‘l’lFF ...._.______.__.
`«1
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`
`DEFENDANTS
`
`Relics, - Inc.
`750 Rankin Road, N.E.
`Albuquerque, N.M.
`
`OOUNTYOFRESIOENCEOFFIRSTUSTEDDEFENDANT
`(lNU.S.Pl.NN‘|"|FFCAS€$ONLY)
`NOTE: INLANDCONDEMNATIONCASESJISETHELOCATIONOFTHE
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`
`
`
`.(c) ATTORNEYS (FIRM NAME. woness. mo TELEPHONE fimMeem-
`Leon W. Silverman, Esq.
`Stein & Silverman, P.C.
`230 S. Broad St. 18th Fl.
`5Ph:Llade1phia, PA 19102
`
`215—9e5-0255
`
`I. BASIS br= JURISDICTION
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`'FOR7“l'HE’E_
`
`CASE MANAGEMENT TRACK DESIGNATION FORM
`Michael Gloster and Vietoria Gloster
`t/b/a Gloster Marketing
`-
`'
`v.
`
`CIVIL ACTION
`
`Relics, Inc.
`
`NO
`
`In accordance with the Civil Justice Expense and Delay Reduction Plan of this court,
`counsel for plaintiff shall complete a Case Management Track Designation Form in all
`civil cases at the time of filing the complaint ar_x_d,.serve a copy on all defendants. (See
`§ 1:03 of the plan set forth on the reverse"side~'o"f this form.)
`In the event that a
`defendant does not agree with the plaintiff regarding said designation, that defendant
`shall, with its first appearance, submit to the clerk of court and serve on the plaintiff and
`all other parties, a case management track designation form specifying the track to which
`that defendant believes the case ‘should be assigned.
`a
`_
`‘
`'
`
`SELECT ONE OF THE FOHQWHWG CASE MAI§lAGEMENT
`
`Habeas Corpus ——
`through §2255.
`
`'
`
`brought under 28 U.S.C. §2441
`
`Social Security — Cases requesting review of a
`decision of the Secretary of Health and Human Services
`denying plaintiff Social Security Benefits.
`'
`
`Arbitration -V Cases required to be designated for
`arbitration under Local Civil Rule 8.
`I
`
`Asbestos —- Cases involving claims for personal
`7 injury or property damage from exposure to
`asbestos.
`L
`_
`
`’
`
`Special Management - Cases that do not fall into
`tracks (a) through (cl) that are commonly referred to
`as complex and that need special or intense management
`by the court.
`(See reverse side of this form for a
`detailed explanationof special management cases.)
`
`Standard Management - Cases that do not fall into" any
`one of the other tracks.
`
`-
`
`A
`(
`
`)
`
`'
`
`(
`
`)
`
`9
`
`(
`
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`
`(
`
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`
`(x )
`
`(
`
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`
`
`
` Att rney-at—law
`
`
`
`Plaintiffs
`
`Attorney for
`
`(a)
`
`(b)
`
`'
`
`(c)
`
`(d)
`
`.
`
`(e)
`
`(f)
`
`

`
`
`
`
`
`
`
`P IN THE UNITED STATES DISTRICT COURT FOR
`THE EASTERN DISTRICT OF PENNSYLVANIA
`
`Michael Gloster and Victoria Gloster
`t/b/a/ Gloster Marketing
`%
`
`,
`
`.
`
`Plaintiffs, A
`
`"
`
`y
`
`CIVIL ACTION
`
`NO'C?§1'7l¢(D
`
`Relics,’ Inc.
`.
`
`’_
`
`a
`Defendant.
`
`:.
`
`_
`
`JURYTRIALDEMAND
`
`COMPLAINT
`
`PlaintiffMichael: Gloster is a resident ofPennsylvania, residing at 414 Miden
`1.
`Way, Wynnewood, Pennsylvania.
`2.
`PlaintiffVictoriafiloster is a resident ofPennsylvania, residing at 414 Miden
`Way, Wynnewood, Pennsylvania. Gloster Marketing is a trade name used by Michael and
`Victoria Gloster. The terms Gloster and Gloster Marketing are
`interchangeably and refer to
`Plaintiffs herein.
`P
`
`3.
`
`Defendant Relios Inc., (‘i‘Relios”)iis a Nev: Mexico corporation with a principle
`
`address of750 Rankin Road, NE,‘ Albuquerque, New Mexico 87107.
`4.
`Relics regularly markets and sells its products in Philadelphia, Pennsylvania,
`purposely availing itselfofPennsylvania law.
`7
`5.
`Jurisdiction is prerniised on the violation of federal law.28 U.S.C.A.§l33 1.
`6.
`Gloster Marketing
`formed in 1980 to provide marketing and promotional
`
`services to companies marketing a variety of goods and services.
`
`

`
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`
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`
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`
`..
`
`..
`
`_._
`
`
`
`
`
`7.
`
`Gloster.Marketing is involved in the design, manufacture and/or sale of
`
`sculptures, finejewelry, c1othing,tapestries and textiles,'furniture, artifacts and other original
`works of art.
`.
`F
`
`Gloster Marketing has been involved in the design, manufacture, import and sale
`8.
`ofAfrican art and artifacts including finejewelry,’furniture and structures in different media
`. —/1".
`
`since at least as early as 1992 .
`‘
`9.
`Gloster Marketing developed multi-tiered marketing programs directed to the
`sculptural works, including creating categories ofworks, developing background storymaterials
`concerning not only the pieces themselves, but also explaining the nature ofthe Shona sculpture
`
`art form, and the process ofmanufacture ofthe sculptural works.
`
`personally involved with Afiican artists in the creation and
`Michael Gloster
`10.
`development oforiginal designsizfor sculpture in a variety ofmediums, such as stone, ceramics,
`wood and precious metals. These ‘Zimbabwean artists have developed with Gloster Marketing, a
`specific line offamily-themed artwork in response to market driven aesthetics in the U.S.
`ll.
`Gloster marketing”;is the co-author and/or owner by assignment ofthe copyright in
`
`these designs, a number ofwhich:designs have been registered in the U.S. Copyright Office and
`
`’ recorded with U.S. Customs
`
`12.
`
`Gloster Marketing ihas developedia collection oftrademarks for several categories
`
`ofsculptural works such as “Unity,” “Celebration,” “Loving Family,” “Dancing Family,”
`
`“Loving/Dancing Family,” “Mother and Child,” “Togethemess,” “Loving Couple,” “Dancing
`
`Couple.”
`
`

`
`
`
`Each oftheseitrademarks are used on a variety ofpieces includingsimilar works
`13.
`created different medium such as stone, ceramic, metal and precious metals.
`14..
`The Gloster Marketing trademarks are used to identify specific product lines not
`
`the titles ofthe works in sales} Examplesofthe titles ofsome works within the trademark series
`
`Gloster Marketing has designed and sold include: .“Kurezva,” “Mhemberero,” “Spirit ofUkama.”
`I0“,
`
`“Muri Yakarongwa,” and ‘‘Vandanani.’’
`’
`15.
`Gloster
`uses the trademarks “LOVll\IG FAMILY”, “DANCING
`
`used such marks extensively in commerce
`FAMILY”, “LOVING/DA.NCl':NGF and
`since at least as early as 1992,
`connection with sculptural works.
`I
`16. .
`Gloster Marketir}g’s use ofthesetrademarks has been substantially exclusive and
`continuous in connection with itsvarious products and sculptural works.
`17.
`Goods being soldgunder these trademarks are works ofartand therefore the
`
`’
`
`trademark is not physically affixed to thegoods.
`
`18.
`
`Gloster Marketingphas developed informational materials pertaining to each ofthe
`
`works its sells and provide its retailers with copies of these materials for inclusion with the works
`
`being sold. The informational material includes background stories which relate to the piece as
`
`- well as the nature of the Shona sculpture art form and the process ofproducing the piece.
`
`These materials bear the relevant trademark for each work being sold, such as
`18. A
`“LOVING FAM]LY’_’ and identifv Gloster Marketing as the source ofthe written materials and
`products.
`I
`A
`
`19.
`
`This text and these inarks are ‘used at the point ofsale by retailers in their catalogs
`
`with depictions ofthe sculptures.
`
`4:
`
`»
`
`

`
`
`
`wholesales its sculptures to companies such as the Smithsonian
`20.
`Gloster
`informational materials concerning each ofthe sculptures is
`and The Museum Company.
`shipped to the retailers along the works themselves andthe retailers are requested to include
`such information with each work sold.
`I
`Gloster Marketing trademark “LOVING
`21.
`Defendant has inisnappropriated
`FAMILY” and has modeled itsjewelry those designs developed by Gloster
`Marketing and executed by those Zimbabwean artists.
`22.
`Some time prior to 1995,v Defendantpurchased one ofGloster Marketing’s
`“Togethemess” works from the. Smimsonim Catalog and created a pendant“inspired” bythat
`design.
`A
`I
`
`23.
`
`The pendant which has the same shape and physical appearance as the Gloster
`
`Marketing “Togethemess” piece was then offered for sale through the Smithsonian catalog under
`
`the name “Loving Family’, and included as product information a re-written form of Gloster
`
`CI
`
`Marketing’s promotional materials;
`24.
`The similarity ofthejewelry designs and Gloster Marketing’s copyrighted
`sculptural designs creates confusion ofconsumers familiar with Gloster Marketing’sproducts,
`and such consumers will believe
`error that theDefendant’s “Loving Family” and
`“Togetherness”jewelryproducts originate from the same source, or are licensed or otherwise
`sponsored by Gloster Marketing.’
`
`25.
`
`Defendant also includes point of sale infonnational marketing materials that are .
`
`virtually identical to those produced by Gloster Marketing.
`
`

`
`
`
`26.
`Both Gloster Marketing and Defendant sell their products through many of the
`same channels and this only increase customers’ confusion.
`25.
`Gloster Marketing and Defendant sells their goods through many ofthe same
`marketing channels, specifically direct mail catalogs such as Smithsonian, Seasons, and Signals.
`26.
`Defendants have impinged ondesigns developed by Gloster Marketing and have
`negatively impacted Gloster Marketing’s
`negotiate with otherjewelry companies to '
`license Gloster Marketing’s
`and designs and have compromised Gloster Marketing’s
`ability to fully control the use «iftheirtrademarks, copyrights, designs and works. Defendants are
`making use ofthe Gloster Marketing marks “LOVING FAMILY” and “TOGlETI-IERNESS”.
`27.
`Gloster Marketing’s marksare and have been famous since long prior to the
`commencement ofdefendant’s activities complained ofherein.
`
`28.
`Gloster Marketing holds duly registered trademark and copyright for the works
`entitled “LOVING FAMILY” and “TOGE’l"HI5.RNESS”. ‘
`t
`29.
`Defenda_nt’s use of“Loving Family” and Togethemess” as a mark was discovered
`by Gloster Marketing. When confronted by Gloster Marketing, defendant refiised to take any
`action and continuedto infringe on Gloster Marketing’s trademarks and copyrights.
`30.
`Defendant’s goods are sold under a mark that is a counterfeit ofGloster
`Marketing’s marks. _A
`u
`
`31.
`
`Defendants have actual notice ofthe trademarks Gloster Marketing has registered
`
`and constructive notice ofthe registered trademark rights of Gloster Marketing.
`
`

`
`
`
`Defendants have adoptedthe “LovingFamily” and ‘”Fogethemess” mark willfully,
`32.
`intentionally, and knowingly
`in bad»
`and have continued to use such mark with the
`intent to trade on the reputation and zgoodwillofGloster Marketing.
`33.
`Indicative ofdefendant’s willful igiingemgm, defendant’sjewelry design is
`strikingly similar in appearance to that ofthe Elgster Marketing sculpture.
`F
`34.
`Defendant has been awareinotl
`designs prior to its application for a filed on or aboutFebruary 10, 1998 forjewelry.
`t
`it
`e
`F
`.
`COUNT I
`TRADEMARK INFRINGEMENT - 15 U.S.C. §1 114
`
`e Gloster Marketing trademarks, copyrights and-
`
`,1...’
`
`35.
`
`herein.
`
`Plaintiffrestateand incorporate byreference paragraphs 1- 34 as iffully set forth F
`V
`Use by defendants‘oftrademarks “Loving Family” and “Togethemess” as amark
`36.
`on and in connection
`jewelry and in the marketing and adverfising thereof, is likely to cause
`confusion with Gloster Marketirig’s registered trademarks given the close similarity between the
`marks and the related nature of goods.
`37. Members ofthe
`who see defendant’s marks are likely to believe in error
`that defendant’s goods are made or under license from Gloster Marketing or the defendant’s
`product is a line extension ofGlosterMarketing.
`38.
`Use by defendant of“LovingFamily’? and “Togethemess” as a mark on and in
`connection withjewelry and in the marketing and advertisement thereof, is likelyto cause
`confusion, mistake, and deception among the relevant public and trade as to the source or -
`
`sponsorship ofdefendant’s goods and business and as to the atfiliation ofGloster Marketing with‘
`
`5’.
`
`.
`
`

`
`
`
`
`
`defendant, causing harm to
`
`Marketing's business, reputation and goodwill, as well as
`
`harm to the public.
`
`V
`
`39.
`
`Gloster Marketing has not consented directly or indirectly to use by defendants of
`
`“Loving Family” or “'I‘ogetherness” as a mark on or in connection with jewelry, or in the
`
`marketing advertising thereof.;
`.
`_-.
`.
`_ “K,/‘
`'
`g
`.
`V
`The activities of defendants complained ofherein constitute trademark
`
`'_..
`
`.2"
`
`40.
`
`infringement of Gloster’s registered marksin violation ofLanham Act, 15 U.S.C. §1ll4, to the
`‘substantial and irreparable injury ofGloster’s business, reputation and goodwill.
`
`Gloster has no adequate remedy at law. The said conduct ofdefendants’
`41.
`A
`caused and, ifnot enjoined, will‘continue to cause, irreparable injury to Gloster.
`42.
`Gloster has sustained and will sustain damages fiorn the aforesaid lawful actions
`ofdefendants, in am amount to be determined at
`
`.
`COUNT II
`,
`4
`’ ‘FEDERAL COPYRIGHT INFRINGEMENT
`
`1
`
`43.
`
`Gloster repeats and realleges the allegations contained in the preceding paragraphs
`
`of the Complaint as though the same were fully rewritten herein.
`
`44.
`
`In 19V92, Gloster created original works, namely the “LOVING FAMILY” and
`
`“TOGETI-IERNESS” sculptures and the informational materials sold with the sculptures. These _
`
`informational materials andvsubseiquent versions ofit, has been continuously used by Gloster to
`
`promote and market for sale to thepublic its sculptures, including “LOVING FAMILY” and
`
`“TOGETHERNESS”. The informational materials have been widely disseminated in interstate
`
`commerce. Defendants have accordingly had access to the informational materials.
`
`

`
`
`
`Gloster has complied in all respects with the United States Copyright Act,
`45.
`including 17 U.S.C. §40.8,.
`regard to the registration ofits copyright in the subjectwork.
`Gloster was granted U.S.
`for his work.
`46.
`_ Defendants ha_vjereproduced and upon information and be1ief,'continue to
`reproduce, promotional materials whichare deriyed from and substantially similar to Gloster’s
`copyrighted informational materials, vsrithotitauthorization or permission from Gloster.
`
`Defendants’ actions» constitute copyright infringement in violation of Gloster’s rights under 17
`
`“U.S.C.§501gt_§_e_g=
`
`.
`
`l
`
`Upon information and belief, defendants’ infringement is willful, wanton,
`47.
`knowing and inbad faith.
`f
`I
`N
`I
`I
`f
`48.
`As a direct and proximate result ofthe infringement by defendants, Glosterhad
`suffered irreparable harm and monetarydamages in an amount to be determined at trial.
`49.
`Unless enjoined,/‘defendants will continue to im::'ringe Gloster’s copyright rights,
`and Glosterwill continue to
`irreparahle harm as a resultfthereof.
`50.
`Gloster has no adequate remedy at law._
`A
`
`‘
`COUNT III
`;
`UNFAIR CONIPETITION IN THE NATURE OF
`FALSE DESIGNATION OR ORIGIN 15 U.S.C. §1125(a)
`
`_
`
`51.
`
`Gloster repeats andrealleges the allegations contained in the preceding paragraphs
`
`ofthe Complaint as ifthe same were fully rewritten herein.
`
`52.
`
`Defendants’:use
`
`“Loving Family’ and “Togetherness” as a mark on and in
`
`connection with the sale ofjewelry, and in the marketing and advertising thereof, constitutes a
`
`

`
`
`
`false designation oforigin or sponsorship which is likely to deceive purchasers, prospective
`purchasers, and members of
`relei/ant trade and public, into believing that products of
`defendants are those of'Gloster_'Marketing,'or areproducts authorized or approvedby Gloster
`Marketing, or are soldby an aiffiiliatei ofor under license from Gloster Marketing, invviolation of
`l5U.S.C.§ll25(a).
`.‘
`'
`.
`,_
`
`N_ 5.»
`..z'’
`Such use ofdefendants of Family” and “Togethemess” falsely suggests
`
`53.
`
`that defendants are entities paffiliated with Gloster, or that their products are the same as. the
`
`products ofGloster, or that their products are produced under license form or in association with
`Gloster, or that defendants are authorized agents ofGloster, all ofwhich constitute false or
`misleading representations ofniaterial‘fact
`violation of 15 U.S.C. §l125(a).
`54.
`Gloster does not cannot exercise control over the nature and quality ofthe
`products provided by defendants under amarl: that is confusingly similar to that ofGloster
`Marketing’s “LOVING
`and “‘fC)GE'l‘HERNESS” marks.
`55.
`The actiyitiesofdefendants complained ofherein constitute false designation of
`origin in violation of 15 U.$.C. §ill25(a).
`56.
`Gloster
`no adequate remedy at law. The said conduct of‘defendants has
`
`caused and, ifnot enjoined,'wi1l continue to cause, irreparable injury to Gloster.
`57.
`Gloster has sustained and will sustain substantial damages from the aforesaid
`
`unlawfirl actions of defendants, inamount to be determined at trial.
`
`

`
`
`
`,
`p
`coUNr IV
`
`. We
`I
`UNFAIR’ COMPETITION IN THE NATURE
`OF FALSE ADVERTISING - 15 U.S.C. §1125(a)‘ .
`
`-
`
`,
`
`*
`
`58.
`
`Gloster repeats and realleges the allegations contained in the preceding paragraphs
`
`of the Complaint as ifthe samewere fully rewritten herein.
`
`59.
`
`The claim made by defendantsfthatthey have developed “Loving Family” and
`
`. “Togethemess”jewelry from folk art is literally false.
`60.
`Defendants
`that “Loving Family” and “'I‘ogetherness”jewelry"were
`developed from Shona folk.art.i. ffhis constitutes a false and misleading representationwhich is ‘
`likelyto deceive purchasers, prospective purchasers, and members ofthe relevant trade to the
`detriment ofGloster Marketinggwhich sells competitive products, specifically, sculptures bearing
`the same name. Since Gloster lvlarketing offers its products through some ofthe exact same
`catalogs as defendantssell theirjewelry, use ofa false claim about the nature ofthejewelry in
`conjunction with the use offan ‘mark falsely suggests‘ that defendants are afiiliated with
`
`Gloster Marketing and/or that their product is a Gloster Marketing product.’
`51.
`The aforesaid acts‘:ofdefendants constitute false advertising in violation of 15
`U.S.C. §1l25(a).
`I
`i
`d2.
`Gloster has no adequate remedyat law. The said conduct ofdefendants has
`caused, and ifnot enjoined, will cpnfinue to cause, irreparable injury to Gloster.
`A
`63.
`Gloster has sustained and will sustain substantial damages uein the aforesaid‘
`
`lawful actions of defendants, in an‘ amount to be determined at trial.
`
`

`
`
`
`~
`COIlNT V
`_
`—
`‘
`;
`LTRADEMARK DILUTION — 15 U.S.C. §1125§c1
`
`Gloster repeatsiand realleges the allegations contained in the preceding paragraphs
`64.
`in this Complaint as ifthe
`were fully rewritten herein. 6
`65.
`The ‘TOGET'IilERNliSS’f
`FAMILY” marks used by Gloster
`Marketing are famous in the markets and
`through which they areisold, including the '
`home furnishings and art markets and attained such‘tame prior to the first use of“Loving
`Family” or “’I‘ogethemess” by defendants.
`.
`66.
`- Use of“Loving l?‘arnily’i or “Togetherness” by defendants on or in connection with
`jewelry in the marketing and advertising-thereof, diminishes and dilutes the distinctive’ qualityof
`the “Loving Family” or Togethemess” mark used and registered with Gloster Marketing, in the
`home furnishings and art industry.
`67.
`The saidconductfofdefendants, as described herein and in the preceding causes of
`action ofthis Complaint, dilutesifand will continue to dilute the distinctive quality ofGloster
`
`Marketing’s federally registered marks, and so causes and will cause irreparable damage to
`Gloster Marketing, in violation of 15 Use. §1125(9).
`68.
`Gloster Marketing: has_no adequate remedy at law. The said conduct of ‘
`defendants has caused, and ifnot enjoined, will continue to cause, irreparable injury to Gloster.
`69.
`Gloster.Marketinghas sustained and will sustain substantial damages firom the
`
`aforesaid unlawful actions ofdefendants, foruan amount to be determined at trial.
`
`

`
`
`
`
`
`rnavnnpron Rl‘«JLIEF
`respectfully demandsjudgment:
`That defendantsis conduct as described herein constitutes:
`(a) A
`4
`trademark infringement, in violationofthe Lanham Act , 15 U.S.C. §1114;
`(b)
`copyright infi’ingement,_i1_1/violation ofthe Copyright Act of 1976, 17
`
`_..z
`
`, _ _..«-;"’
`
`1.
`
`U.S.C. §50l;
`
`competition in»-the nature offalse advertising and false designation
`,_
`(c),
`oforigin and representations, in-violation ofSection <l3(a)i oftheLanham Act, 15 U.S.C.
`§1 125(a);
`i
`trademark dilution in violation ofSection 43(c) ofthe Lanham Act, 15
`(d)
`I
`H
`i
`U.S.C. §1125(c).
`2.
`Thatthe defendants, their officers, directors, agents, servants, employees,
`attorneys, related companies, licenses, and all persons acting for, with, by, through, and under
`them be enjoined; (a) fiom
`“Loving Family“ and “Togetherness as a mark or component of
`
`I
`
`_
`
`a mark or in connection withjewelry or other art work or home furnishing not originating with
`Gloster Marketing or authorized by Gloster Marketing; (b) iiom committing any
`calculated or
`likely tocause purchasers, potential purchasers, or members to the relevant trade or public to
`
`believe that the business or goods of defendants are sponsored, authorized, or otherwise approved
`by Gloster, unless they are such; (c) fromusing
`anymanner Gloster’s trademarks, or any other
`false designations oforigin, false misleading representations, or otherwise commit any other
`acts ofunfair competition ordeceptive or unlawful trade practices, which may imply or lead the
`public to believe that a product or
`not originating with Gloster is Gloster’s product or that
`
`12-
`
`

`
`
`
`I
`
`defendants’ goods are in any iwaypsponsored, affiliated, approved, licensed or authorized by
`Gloster; (d) from doing any other act whichrnay,or is intended ordesigned or calculated to V
`dilute, tarnish or disparage the ,di_stin_ctiv_e
`ofGloster’s trademarksor the reputation of
`Gloster; (e) from directly or indirectly copying, reproducing, manufacturing promoting,
`advertising, distributing or selling promotionalmaterials, ‘packaging, labels, advertising
`.—,..»
`brochures, sale displays, and other materialsfer theirjewelry or other artwork or home
`furnishing which infringe Gloster’s copyright rights.
`3.
`That the defendants payto Plaintiffs damages‘or statutory damages "pursuant to l5
`U.S.C. §l1l7(c)(2), in consequence~to theWillfulnature ofdefendants’ use ofa counterfeit mark
`in connection with goods sold, offered‘ for sale, or distributed;
`4.
`That the defendants pay to Plaintiffs such damages as ‘Plaintiffhas sustained in
`
`consequences ofthe copyright infringement by defendants, and to authorize and pay to Plaintiffs
`all gains, profits, and advantages derived by defendantsfrom said copyright infringement. A
`5.
`That the defendants payto Plaintiffs such damages as Plaintiffs have sustained in
`consequence ofthe unfair competitionby defendants, and to account for and pay to Plaintiffs all
`gains, profits, and advantages derivedbydefendants from unsaid competition;
`6.
`That the defendants payto Plaintiffs three times such profits or damages,
`whichever is greater, together
`the prejudgment interest, as a consequence ofthe
`nature ofdefendant’s unlawful conduct.
`V
`
`7.
`
`That defendants be required to recalland destroy all items not yet in the hands of
`
`ultimate purchasers, including but not limited toinfringing goods, labels, advertising ,
`
`

`
`
`
`promotional materials, packaging, andpoint ofsale displays, that bear “Loving Family” or
`
`“Togethemess” as a mark. T
`
`,
`
`8.
`
`That defendants are required to recall and destroy all labels, advertising, sales H
`
`displays, and other materials: in the possession, custody, or control ofdefendants, which are
`reproductions of and/or are derived from Glosterfs copyrighted brochure.
`
`9.
`
`That defendants pay to its reasonable attorney’s fees and full costs of ~
`
`this action pursuant to 15 U.,S_.C. §ll 17.
`
`10.
`
`That Gloster have such other and further relief as the Court may deem equitable.
`
`‘Dated: September 4, 2002 f
`
`G'.\GLOSTER\Carhplaint.wpd
`
`
`
`Andrew Lapat
`_ 230 S. Broad Street, 18"‘ Floor
`Philadelphia, PA 519102
`(215) 985-0255
`
`’ Attorneys for Plaintiffs
`
`14
`
`

`
`
`
`
`
`1, Claudia Givens,
`
`Assistaint, hereby certify that I serveci upon the following
`
`individual a true and _correcf eopy ofgtile following document: Plaintiffs’ Complaint on
`
`September 11, 2002 via U.S.iInai1 Certified Mail, Return Reoeipt Request postage prepaid upon
`
`the following individualzv
`
`1
`
`i
`
`~
`
`»
`
`J"
`
`3;
`
`(V/,2
`
`?Re1ios, Inc.
`Road; N.E.
`’;750
`Albuquerque, NM 87107-2110